On Monday, April 19, King County filed a $74 million default termination suit against one of its Brightwater contractors and its surety. A copy of the complaint is available here. Download file
Here is Division 1’s most recent analysis on the arcane but important issue of how many policy limits are available in a situation where a carrier issues multiple year-to-year CGL policies and the insured becomes legally obligated to pay for damage that occurs over those multiple year but results from the same continuous or repeated cause… Continue Reading
We missed April 1 this year, and vow not to do so in future. To make up for that omission, in the "what were they thinking" department: http://blog.miragestudio7.com/wp-content/uploads2/2007/09/construction_errors_error_mistake_slope_steep.jpg We’d be curious to know how this ended up, if anyone knows.
Following our post about the drop in construction spending, it is nice to note that the AGC has posted a nifty resource (called "Where’s the Work") to help track current and upcoming public works projects. The website can be accessed here: http://www.agcwa.com/NewsandInfo/WherestheWork/
It will come as no shock to most that construction spending is at its lowest since 2002. http://www.djc.com/news/co/12016545.html?cgi=yes
Governor Gregoire has signed several bills expanding the subpoena authority of various state agencies. The new powers are intended to enable the agencies to investigate the underground economy, SHB 2789 (http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Session%20Law%202010/2789-S.SL.pdf), and for the Dept. of Labor & Industries to enforce RCW 19.28 (electricians and electrical installations), SHB 2555 (http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Session%20Law%202010/2555-S.SL.pdf). Both bills are effective June 10, 2010.
A recent decision by Division II of the Washington Court of Appeals underscores the need for all potential lien claimants to check their forms and comply with the lien statute, or risk losing their lien rights. A copy of the case, Williams v. Athletic Field, Inc., can be found here: Download file Link to full post: here
The American Institute of Architects reports that architectural billings — an indicator of future construction work — have improved, but not by much. http://www.aia.org/press/releases/AIAB082556
A recent decision by Division II of the Washington Court of Appeals underscores the need for all potential lien claimants to check their forms and comply with the lien statute, or risk losing their lien rights. A copy of the case, Williams v. Athletic Field, Inc., can be found here: Download file
In a recent but unpublished opinion, the Court of Appeals reversed summary judgment in favor of a builder and remanded for further proceedings a residential buyer’s claims that the builder had breached the implied warranty of habitability. The decision contains a useful discussion of the implied warranty. The decision, Haas v. Kartashev, can be accessed… Continue Reading
The Washington Associated General Contractors reports on the state of the 2010 Legislative session. http://www.agcwa.com/index.php/ListingItem/1381 The budget and taxes take center stage in the Special Session begun March 15, including a proposed three-year increase in the sales tax of 0.3%.
King County Executive Dow Constantine has issued an executive order with the intent of simplifying County procurement. Download file
The Bullitt Foundation announced plans to build a six-story structure at 15th Avenue and East Madison Street in Seattle, to be known as the Cascadia Center for Sustainable Design and Construction, that will house the Foundation’s headquarters and serve as a showplace for cutting-edge green engineering and architecture. http://seattletimes.nwsource.com/html/businesstechnology/2011354845_bullitt16.html
New home construction and building permits fell in February, but both readings beat economists’ expectations. http://money.cnn.com/2010/03/16/news/economy/housing_starts/index.htm
The International Code Council on Monday will release the International Green Construction Code, Public Version 1.0 (IGCC). The IGCC incorporates ANSI/ASHRAE/USGBC/IES Standard 189.1, Standard for the Design of High Performance, Green Buildings Except Low-Rise Residential Buildings, as an alternate path of compliance. The IGCC is intended as an overlay to complement existing codes. More information… Continue Reading
In an important decision, on December 24, 2009, the Washington Supreme Court held that claims under the Washington Condominium Act (WCA) are subject to arbitration despite provisions in the Act requiring judicial resolution of claims where condominium owners agree to arbitrate disputes in their purchase and sale agreements. The case is Satomi Owners Ass’n v. Satomi,… Continue Reading
This post is authored by: Clayton Graham & Thomas Goeltz Landowners and developers in Washington state should be aware of a spate of recent legislation aimed at prolonging the life of active land development permits. Developers who request these extensions in a timely manner could effectively extend the life of their development approvals—including certain building… Continue Reading
Last month’s Oregon Appellate Court decision clarifies that parties in privity with one another MAY sue in tort for construction defects. Previously, the law seemed relatively straight forward: Unless parties are in a “special relationship” (eg, physician-client; engineer-client), parties in contract with one another generally may not bring a separate cause of action in tort for construction defects. Jones v. Emerald Pacific… Continue Reading
While the opinion is long, you will be rewarded if you take the time to read this recent ruling from Division 2 invalidating an $8.75 million "stipulated judgment" as unreasonable. The litigation involved allegations of defective work at a condo development. Various coverage counsel for the the target builder entered into what the Court refers to as a "joint venture"… Continue Reading
Congrats to the Buck Law Group and its affiliated partners on the recent launch of Northwest Hub, an excellent online newspaper for the land use, real estate and environmental community.
In a dispute relating to the height of a residential addition, the Division Three Court of Appeals has provided additional guidance on when specific building restrictions in community covenants (CCRs) might limit the authority of an architectural approval committee. In Mack v. Armstrong, the court heard a challenge to a trial court order requiring the… Continue Reading
A couple of weeks ago I blogged about the Oregon False Claims Act, a bill that made its way through the house and the senate and was on its way to the governor’s desk for signature. The large number of inquiries I have received about the bill speaks volumes about the impact this law will have on contsruction… Continue Reading
Are No Damages for Delay Provisions enforceable in Oregon? That depends (favorite lawyer’s response, but true)… In summary, these provisions are: enforceable on private projects unenforceable in public procurement prime contracts probably enforceable (but TBD) in public procurement subcontracts In essence, these provisions limit a contractor’s remedy in the event of a delay to a time… Continue Reading